January 15, 2009

Stevens’ Lawyers Want to Search Houses, Cell Phones for Records

No official word yet whether Attorney General Michael Mukasey has sat down and penned a declaration about how the government handled the whistleblower complaint alleging prosecutorial misconduct in the Ted Stevens case.

U.S. District Judge Emmet Sullivan gave Mukasey a deadline of noon Friday to submit the declaration—with his signature. Sullivan is seeking answers about how the complaint moved through the Justice Department and whether Sullivan, the Stevens trial judge, was left out of the loop.

Yesterday in court Sullivan said he should have been told that the complainant, FBI Special Agent Chad Joy, was denied whistleblower protection. The judge set a status hearing for Jan. 29 to further hash out post-trial proceedings in the Stevens case. He appeared irate in court Wednesday.

The lawyers, led by partner Brendan Sullivan Jr., are seeking documents tied to the whistleblower complaint. Under the heading of “locations to be searched” for records, the defense indicates “the personal files (home, office, and mobile) of each individual with involvement in the investigation or prosecution of Senator Stevens, or the allegations of government misconduct,” should be inspected.

How far does the defense want to take it? All the way, apparently. Search locations include home computers and personal cell phones. Among other records the lawyers want: documents relating to the decision to try Stevens in D.C. and not in Alaska.

Judge Sullivan, who had asked for a proposed discovery plan, has not indicated the extent to which he will allow the Williams & Connolly team access to government and personal records. Stay tuned.